Text 2 Employment rights

English law makes a clear distinction between employees and self-employed people. In general, employees have far more legal rights because they are thought to be in a weaker economic position than the self-employed. For example, the 1978 Employment Protection (Consolidation) Act requires that employees be given a written summary of their conditions of work; it provides that employees be given at least a week's notice if employment is to be ended; and it gives employees the right to compensation if they are dismissed unfairly or made redundant (dismissed because there is no longer any suitable work). This same Act also gives women the right to time off in order to have a baby and the right to return to work within a certain period after having the baby. The application of these rights, however, depends upon the circumstances of employment. For example, people who work part-time (under 16 hours a week) have little protection. Men over 65 and women over 60 are not entitled to compensation for redundancy. The Unfair Dismissal Tribunal sometimes rules that it is fair for an employer to dismiss a sick employee, especially if the employer is a small business. And companies employing fewer than five people do not have to re-employ a woman who leaves to have a baby.

Other English legislation, such as the 1970 Equal Pay Act, the 1976 Race Relations Act, and the 1975 and 1986 Sex Discrimination Acts, attempts to ensure equality of opportunity for employees and job applicants whatever their race or sex. People complaining of discrimination have the right to take their case to an industrial tribunal.

Exercise:

A contract of employment comes into existence as soon as a job offer is accepted whether that offer is oral or in writing. However, it is easier for both parties if the offer of employment is in writing to prevent disputes at a later date. Below is an extract from a skeleton contract of employment for a full-time employee. The key word/phrase from each section has been removed.

Complete the text using the words/phrases from the box.

commencing salary date of commencement duties and responsibilities grievance holiday entitlement notice pension position probationary service sickness pay terms and conditions

1 You have been appointed to the _________ of administrative assistant.

2 Your will be as detailed in the attached Job Description, but this Job Description should not be regarded as exclusive or exhaustive. There will be other occasional duties and requirements associated with your appointment

3 The of your continuous service with this

company is 1 January 2002.

4 Your specific _; are contained in the

Employees' Handbook issued by the company as well as in existing collective agreements negotiated by this company.

5 Confirmation of your appointment will be subject to your satisfactory completion of 3 months

6 Your ____________________________is 20.000 per annum, paid monthly in arrears. Overtime is not payable.

7 You_____________ entitlement is 30 days in any calendar year.

8 Your annual _______________________ is 25 days which cannot be carried over.

9 The minimum period ___________ to which you are entitled is 3 months.

10 Your position with regard too __________ is set out in the explanatory booklet attached

11 If you have a __________ relating to your employment, you should refer to the complaints procedure outlined in the booklet attached.